How to Recover a Domain Registered in Bad Faith: NIC and UDRP

There are two main procedures to challenge domains registered in bad faith or in infringement of registered trademarks.

In Argentina, domain disputes may be brought before NIC Argentina (National Directorate for Internet Domain Registration) for local domains such as .com.ar, .ar, .net.ar, and others.

Internationally, the Uniform Domain Name Dispute Resolution Policy (UDRP) applies to .com domains and similar generic top-level domains.

What is a domain dispute before NIC?

A domain dispute allows a third party who considers that they have a legitimate interest or superior right to the domain registrant to challenge the registration, with a view to having ownership revoked and transferred to the complainant. This applies in cases of bad faith, unlawful purpose, or harm to other users or rights holders, including owners of registered trademarks.

NIC dispute procedure

The complainant must initiate the dispute before NIC exclusively through digital channels, establish their right by submitting arguments and evidence, and pay the applicable fee. The dispute is notified to the registrant, who may file a response within ten business days. After hearing the parties, NIC Argentina determines whether to maintain or revoke domain ownership. If ownership is revoked, the domain is transferred to its legitimate owner.

What is the UDRP?

The Uniform Domain Name Dispute Resolution Policy (UDRP) is an international mechanism that allows trademark owners to recover domains registered in bad faith without resorting to court proceedings.

The UDRP was established by the Internet Corporation for Assigned Names and Numbers (ICANN) in 1999. All registrars of generic domain names (.com, .net, .org, etc.) are required to incorporate this policy into their registration agreements.

The procedure is administered by accredited providers, the most widely used being the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center.

Requirements for a successful claim

For a UDRP claim to succeed, the complainant must establish the following three elements:

1. The domain name is identical or confusingly similar to a trademark in which the complainant has rights.

2. The domain registrant has no rights or legitimate interests in respect of the disputed domain name.

3. The domain name was registered and is being used in bad faith.

Evidence of bad faith

Circumstances that may evidence bad faith include an intent to sell the domain to the trademark owner, blocking — a pattern of registering domains to prevent their use by third parties — or attempting to attract users by creating confusion with a well-known mark.

When the panel decides in favor of the complainant, the registrar implements the transfer of the domain to the rightful owner or, as applicable, its cancellation. The UDRP does not address claims for damages and does not replace court proceedings where the dispute requires broader relief.

Advantages of dispute procedures

Both the NIC dispute procedure and the UDRP offer significant advantages over court litigation: they are faster (two to four months for UDRP, four to eight months for NIC disputes), more economical than court proceedings, and decisions are implemented directly by registrars or domain administrators.

Conclusion

Dispute proceedings are effective tools for combating cybersquatting and protecting trademarks in the digital environment. However, they require careful case preparation and specialised knowledge to increase the likelihood of success.